PVL3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024 100% satisfaction guarantee
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University of South Africa
Enrichment Liability and Estoppel
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, Question 1 Discuss in general (without reference to a specific
enrichment action) how the extent of enrichment liability (or the
quantum of the enrichment claim) will be calculated. (10)
Calculating the extent of enrichment liability, or the quantum of
an enrichment claim, typically involves several considerations in
legal contexts, often guided by principles of unjust enrichment.
Here’s a general discussion on how this calculation is approached:
1. Identification of Enrichment: First, it’s crucial to identify
the specific benefit or enrichment that one party (the enriched
party) has received at the expense of another (the
impoverished party). This can include financial benefits,
property, services, or even intangible benefits like knowledge
or opportunities.
2. Value of Enrichment: Once identified, the next step is to
determine the value of the enrichment received by the
enriched party. This may involve assessing market value, fair
compensation, or the actual benefit derived from the
enrichment.
3. Absence of Legal Basis: One of the foundational principles
in unjust enrichment is that there must be no legal basis for
the enrichment. This means that the enriched party must have
received the benefit in a way that is unjustified in law, such
as through mistake, failure of consideration, or breach of
contract.
4. Calculation Methodologies: Depending on the jurisdiction
and the nature of the enrichment, courts may apply different
methodologies to calculate the quantum:
o Restitution: Restoring the impoverished party to the
position they would have been in had the enrichment
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